A desperate DeSantis showed up in New Hampshire for a three day trip. On federal employees, he told attendees at a campaign barbecue in Rye: “We are going to start slitting throats on Day One.”

I’m glad David hit this point in The Morning Memo. In addition to the Times article he references, the Times also published a piece by Tom Edsall (the writer who perhaps most consistently drives me crazy) casting the Trump indictment as part of a larger story of “the left’s” turn away from free speech. That premise about free speech is a complicated matter in its own right. But, as David notes, it has nothing to do with this case. The case has nothing to do with platforms or hate speech or misinformation or anything else. This is a case of a group of individuals taking coordinated and affirmative non-speech steps (i.e., a conspiracy) to fraudulently change the results of a lawful election.

Ron Brownstein: “With polls showing that most Republican voters still believe the election was stolen from Trump, that the January 6 riot was legitimate protest, and that Trump’s efforts to subvert the 2020 results did not violate the law or threaten the constitutional system, the United States faces a stark and unprecedented situation. For the first time in the nation’s modern history, the dominant faction in one of our two major parties has repeatedly demonstrated its willingness to accept antidemocratic means to advance its interests.”

You can read the whole piece here at The Atlantic.

In the hours since special counsel Jack Smith announced charges against Donald Trump for his efforts to overturn the results of the 2020 election, Trump’s allies and the right-wing media have been pushing a weird theory that the special counsel wants to punish Trump with either hundreds of years in prison or … death.

Yes, death.

I mentioned this in my conversation with Josh Kovensky in our special edition of the podcast this morning. But I want to expand on it here. Jeff Clark comes off as a bit of a dweeb. And yes, I’m talking about his physical appearance. Some of my best friends are dweebs, of course, and there’s nothing wrong with that. In most cases I wouldn’t mention a person’s physical appearance. But I do so in this case because I think it’s shaped people’s reaction to this part of the story. Because he’s a bit nebbishy looking and because the whole plan was so crazy many people have looked on Clark as a kind of ridiculous figure.

Yet this comment about the Insurrection Act is a reminder that there’s nothing funny about the guy. He had a plan and was fairly cavalier about his plan to … let’s be direct about it, murder countless numbers of Americans who weren’t willing to let their Republic be torn away from them.

This was their plan: stop the count, allow Trump to remain President and then when everyone freaks out declare martial law and kill a bunch of people in order to overawe the civilian population and force people to accept it. That’s really the plan. This is a dark, evil, degenerate mindset, all for the purpose of retaining power against Constitution and law.

I wanted to note two points about possible Trump defenses that haven’t so much been ignored by legal experts as perhaps simply assumed and thus left unstated. It’s worth stating them explicitly.

In recent weeks I’ve written a number of posts looking at the possible schedule of Trump’s various criminal trials next year. (We now have three cases of the four we’ve expected. The fourth in Atlanta is likely to come this month.) In those posts either I or readers have suggested either that the January 6th case is likely to come after the Mar-a-Lago documents case or that neither trial is likely to be held prior to the 2024 presidential election. But several recent events — most but not all of which we learned about yesterday — throw those assumptions into some doubt.

From the legal theories to the obscure characters, much of what was in Jack Smith’s January 6 Trump indictment is stuff readers may have seen over the last three years at TPM. That, of course, is why you’re a member. (Unless maybe you’re not a member. In which case you should absolutely become a member!)

Some examples:

We’re going to have two episodes of the podcast out today. Kate Riga is on vacation this week, so last week we recorded this week’s episode with the expectation that the indictment would come down before it aired today. That episode is looking at the full range of criminal and civil cases that will be unfolding for Donald Trump in 2024. Again, we recorded it assuming this indictment was going to happen. Because it has happened, Josh Kovensky and I recorded a special instapod this morning about the new indictments themselves. That episode will show up first in your podcast feed and be followed later in the day by the regular pod with Kate and me.

I want to go back to something I noted earlier. The American Republic and the Constitution that sets out its rules and structure are the anchor of the law and the rule of law in this country. Attempts to overthrow the government, to overthrow the Constitution, are the gravest crimes since they challenge the basis of every other law. Murder may come with a stiffer sentence, but attempts to overthrow the Republic itself is still a graver offense.